Including Persons with Disabilities in “We the People” A Short History of Disability Rights In the United States

Mid-Atlantic ADA Update Conference September 18, 2015 John L. Wodatch

Outline 1. Life before the 1970’s 2. Paradigm Shift: The Architectural Barriers Act and the Rehabilitation Act 3. Lessons of Section 504 4. Trends Leading to the ADA 5. Getting the ADA Enacted 6. ADA: Setting Up Enforcement 7. 25 Years of Enforcement 8. Success of the ADA

Life before the 70’s • Era of stereotypes, stigma, exclusion – Few accessible buildings – Little accessible housing – Children with disabilities in separate, inferior schools – Restrictive employment opportunities – Little accessible public transit – Persons housed in separate, underfunded, warehoused facilities

Paradigm Shift • Architectural Barriers Act • Title V of the Rehabilitation Act – 501: affirmative action in the Federal government – 502: creation of the Access Board – 503: employment in Federal contracts – 504: recipients of Federal financial assistance prohibited from discriminating on the basis of disability

Paradigm Shift

• After four years, no final Federal regulations issued • In 1977, people with disabilities participated in “sit-ins” at Health Education and Welfare federal buildings throughout the country

HEW Protest 1977

Paradigm Shift • The longest took place in the HEW Building in San Francisco and lasted 28 days.

• It still stands as one of the longest sieges of a federal building in American history.

HEW Protest 1977

Lessons from Section 504 1. Expansive definition of person with disability 2. Notion of “positive steps” in nondiscrimination 3. Integration 4. Full coverage of employment 5. Role of persons with disabilities 6. Effective enforcement 7. Idea: disability rights are civil rights

Trends Leading to ADA • Rich history of Federal civil rights laws • Returning veterans from war in Vietnam • Success of EHA: Education of the Handicapped Act, now IDEA • Organized disability rights movement • Model of other US civil rights movements

Trends Leading to the ADA • Watkins Report on the AIDS epidemic • National Council on Disability: “Towards Independence” • Presidential endorsements in ‘88 Campaign • Federal agencies with a stake in disability • Economics: Federal budget and waste of valuable human resources

Getting the ADA Enacted • Senate Negotiations: Role of Attorney General Dick Thornburgh • Leadership of Sens. Kennedy, Hatch, Harkin • Leadership of Pat Wright, Ralph Neas • Role of the organized disability rights groups • Final Negotiations in the House of Representatives: Steny Hoyer and Steve Bartlett; Boyden Gray at the White House

Crawl up the Steps of the US Capitol

Signing of the ADA

ADA: Setting Up Enforcement • Drafting guidelines, standards, and regulations: DOT, Justice, EEOC, Access Board • Setting up Federal enforcement agencies • Active Technical Assistance Program – Grants, Contracts, Manuals, Telephone Information Line – Creation of the DBTACs, now the ADA Information Network

25 Years of Enforcement • Enforcement Efforts at Justice • Litigation by Private Disability Entities • Important Supreme Court Cases – Pennsylvania Department of Corrections v. Yeskey 1998 – Bragdon v. Abott 1998 – Casey Martin v. PGA 2001 – Barnes v. Gorman 2002 – Olmstead v. L.C. 1999

25 Years of Enforcement • Sutton Trilogy: 1999 – Sutton v. United Airlines – Murphy v. United Parcel Service – Albertson v. Kirkingburg

• Toyota Motor Manufacturing v. Williams 2002 • ADA Amendments Act of 2008 – Construed broadly; overturn Supreme Court decisions: major life activities, substantially limits – Mitigating measures; Regarded as

More at the Supreme Court • Constitutionality of the ADA – How does ADA apply to activities of the States? – Board of Trustees of Alabama v. Garrett 2001 – Tennessee v. Lane 2004 – U.S. v. Georgia 2006

Success of the ADA • • • • • • • •

Built Environment Transportation Education Health Care Telecommunications Information Technology Integration Attitudes